8 1 business, or in which the agency records are located, or in 2 the District of Columbia. If the reviewing court finds the 3 challenged extension to be unwarranted by the facts, it may 4 declare such extension invalid and order such relief as it 5 deems proper, including initiating de novo review of the re6 quest for disclosure and the related objections of the submit7 ter, pursuant to subparagraph (H), and ordering the award of 8 attorney fees, pursuant to subparagraph (4)(E) of this section. "(H)(i) Any determination made by an agency following 9 10 the procedures provided by this paragraph to disclose all or 11 part of the records requested to be disclosed shall be subject 12 to de novo review in the district court of the United States in 13 the district in which the complainant resides, or has his prin14 cipal place of business, or in which the agency records con15 taining the information are situated, or in the District of Co16 lumbia. The district court may examine the contents of such 17 records in camera to determine whether such records or any 18 part thereof shall be withheld under any of the exemptions 19 set forth in subsection (b) of this section. The burden is on the 20 agency to sustain its action by a preponderance of the evi21 dence. 22 "(ii) The court may assess against the United States 23 reasonable attorney fees and other litigation costs reasonably 24 incurred in any case under this subsection, in which the com25 plainant has substantially prevailed. 9 1 "(I) Nothing in this paragraph will be construed to be in 2 derogation of any other rights established by law protecting 3 the confidentiality of private information.". 4 5 CONFORMING AMENDMENTS SEC. 3. (a) Section 552(a)(3) of title 5, United States 6 Code, is amended by inserting "and except as provided in 7 paragraph (7) of this subsection" immediately after “this sub8 section". 9 (b) Section 552(a)(4)(B) of title 5, United States Code, is 10 amended by striking out "On" at the beginning of subpara11 graph (B) and inserting in lieu thereof "Subject to the provi12 sions of paragraph (7) of this subsection, on". 13 (c) Section 552(a)(6)(A) of title 5, United States Code, is 14 amended by striking out "Each" at the beginning of subpara15 graph (A) and inserting in lieu thereof "Subject to the provi16 sions of paragraph (7) of this subsection, each”. 17 (d) Section 552(a)(6)(B) of title 5, United States Code, is 18 amended by striking out "In" at the beginning of subpara19 graph (B) and inserting in lieu thereof "Subject to the provi20 sions of paragraph (7) of this subsection, in". 21 (e) Section 552(a)(6)(C) of title 5, United States Code, is 22 amended by striking out "Any" at the beginning of subpara23 graph (C) and inserting in lieu thereof "Subject to the provi24 sions of paragraph (7) of this subsection, any". 97-749 0 - 82 - 3 1 2 10 EXEMPTION FOR CONFIDENTIAL INFORMATION SEC. 4. (a) Section 552(b) of title 5, United States 3 Code, is amended by striking "This" at the beginning of sub4 section (b) and inserting in lieu thereof "The disclosure provi5 sions of this". 6 (b) Section 552(b) of title 5, United States Code, is 7 amended by striking paragraph (4) and inserting in lieu 8 thereof the following: 9 10 11 12 13 14 15 16 "(4) subject to provisions of subsection (f), (A) trade secrets, (B) confidential or privileged commercial or financial information, (C) proprietary information which would not customarily be disclosed to the public by the person from whom it was obtained, or (D) infor mation which the agency in good faith has obligated itself not to disclose;". (c) Section 552 of title 5, United States Code, is 17 amended by inserting immediately after subsection (e) the fol18 lowing new subsection: 19 "(f) An agency shall not disclose any records containing 20 or based on, information described under subsection (b)(4) 21 unless 22 23 "(1) the submitter of such information consents in writing to its disclosure; 1 2 3 4 5 6 7 11 "(2) the submitter of such information did not make a timely objection to its disclosure pursuant to the provisions of this section; or "(3) the agency can demonstrate by clear and convincing evidence that the failure of the agency to disclose the records would seriously injure an overriding public interest.". 8 SEC. 5. Section 1905 of title 18, United States Code, is 9 amended by adding to the end thereof "This section shall be 10 deemed to fall within the provisions of section 552(b)(3) of 11 title 5, United States Code.". 12 13 APPLICATION SEC. 6. The provisions of this Act shall apply to re 14 quests for disclosure of agency records submitted after the 15 effective date of this Act. 97TH CONGRESS 18T SESSION S. 1730 Entitled the "Freedom of Information Reform Act". IN THE SENATE OF THE UNITED STATES ОСТОВЕР 7, 1981 Mr. HATCH introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL Entitled the "Freedom of Information Reform Act". 1 Be it enacted by the Senate and House of Representa 2 tives of the United States of America in Congress assembled, 3 4 FEES AND WAIVERS SEC. 2. Subparagraph (4)(A) of subsection 552(a) of title 5 5, United States Code, is amended to read as follows: 6 “(4)(A)(i) In order to carry out the provisions of this 7 section, the Office of Management and Budget shall promul8 gate regulations, pursuant to notice and receipt of public 9 comment and after consultation with the agencies, specifying 10 uniform schedule of fees applicable so far as practicable to all |